¶1Judgment • — ■ That the plea in abatement is sufficient. In tbis case, service upon botb of tbe defendants is necessary; and no service having been made upon either until after Wil-' bands death, the action cannot be said to' have been commenced in bis lifetime, although tbe writ was prayed out before; and not having been commenced in tbe life of said William, it doth not survive against tbe surviving defendant.
1 Root 486
Clark v. Samuel
Decided January 15, 1793
Supreme Court of Connecticut · decided 1793-01-15
<p>An action cannot he said to he commenced, until service is made upon the defendants.</p> <p>Where one defendant dies before service upon either, the action does not survive.</p>
Decided 1793-01-15